There is hereby
adopted by the governing body of the city, for the purpose of prescribing
regulations, governing conditions hazardous to life and property from fire or
explosion, that certain code and standards known as the Uniform Fire Code,
edition of 1994, including all the Appendix chapters, and the Uniform Fire Code
Standards, and the National Fire Codes of the National Fire Protection
Association (NFPA) 1994 and amendments hereafter, Fire Protection Association
(NFPA) 1997 land amendments hereafter, published by the Western Fire Chiefs
Association and the International Conference of Building Officials, being
particularly the 1994 editions thereof and the whole thereof, save and except
such portions as hereinafter deleted, modified or amended by section 7-203 of
this article three copies which Code and Standards have been and are now filed
in the office of the clerk of the City of Mount Hope, Kansas, and the same are
hereby adopted and incorporated as fully as if set out at length herein, and
from the date on which this ordinance shall take effect, the provisions thereof
shall be controlling within the limits of the city.

(a)“Open burning” is defined as the burning of
any combustible material on any premise which the products of combustion
resulting from the burning are emitted directly into the ambient air, which may
be injurious to human health, animal or plant life, or property; or may
unreasonably interfere with the enjoyment of life or property; or cause a fire
hazard.

(b)“Outdoor burning” means burning in an outdoor
appliance unit.

(c)“Clean lumber” means natural wood which has
not been painted, varnished or coated with a similar material; has not been
pressure treated with preservatives; and does not contain resins or glues as in
plywood or other composite wood products.

(a)Open burning is prohibited in the city
limits, unless a permit therefore is obtained from the city clerk.

(b)The city clerk shall not issue a permit until
a standard application form is filed with the fire chief.The fire chief shall approve the application
and return the same to the city clerk if the application complies with this
article.The fire chief may add
conditions for health and safety purposes.

(c)Open burning is allowed subject to the
conditions of the application and the following conditions:

(1)The burn pile must consist only of tree
limbs, brush and clean lumber;

(2)The wind must be less than 15 miles per hour;

(3)Burning must be done during daylight hours;

(4)Fire Department personnel must approve the
burn pile and be present for the initial burn;

(5)Fire must be supervised at all times by the
approved applicant until the fire is completely extinguished;

(6)The applicant must notify the adjacent
neighbors prior to burning.

(d)Violation of this article shall be punishable
by a fine no less than $50 or more than $250.

(e)The fire chief has the authority to modify
conditions for burning in agriculture zoned areas of the city.

(a)The use of a commercial or retail outdoor
appliance unit which produces an open burn for the use of cooking, heating or
ceremonial purposes on public or private lands regularly used for recreation
and only used in accordance with the intended clean lumber or fuels for which
they manufacturer designed them for and are in a sound and mechanical condition
with no alterations or missing parts which would render it unsafe or a hazard.

(b)The use of a homemade or shop built outdoor
appliance unit which produces an open burn for the use of cooking, heating or
ceremonial purposes on public or private lands regularly used for recreation
that are built with proper exhaust stacks and/or spark arresters and other
safety equipment as to minimize fire hazard or personal injury to the operator
or others and to only use clean lumber or fuels; and approved by the Fire Chief
or designated representative of the fire department whom may inspect said
appliance as often as deemed necessary for alterations and safety concerns and
at their discretion deem the appliance a hazard and inoperable in which
continued use is a violation of this article.

(c)The outdoor appliance unit shall be located
at least 25 feet from the nearest structure which is not on the same property
as the outdoor appliance unit.

(d)A person utilizing or maintaining an outdoor
burn shall be responsible for all fire suppression costs and any other
liability resulting from damage caused by the fire.

It shall be unlawful
for any person to allow to accumulate or to keep in any part of any building or
outside of and adjacent to any building or in any alley, sidewalk, street or
premises within 30 feet of any building any rubbish, trash, waste paper,
excelsior, empty boxes, barrels or other combustibles which shall constitute a
fire hazard.

It shall be unlawful
to keep excelsior or other packing material in any other than metal or wood
metal line boxes or bins having self-closing or automatic covers.All refuse and trash from rooms where packing
or unpacking is done shall be removed daily.

It shall be unlawful
to store ashes inside of any non-fireproof building unless they are stored in a
noncombustible container or receptacle, and a clearance of at least five feet
shall be maintained between such container or receptacle and any combustible
materials not placed therein.Ashes
shall not be stored outside of any building in wooden, plastic, or paper
productreceptacles or dumped in contact
with or in close proximity to any combustible materials.

The engines of motor
vehicles shall be stopped when the gasoline tanks of such vehicles are being
filled with gasoline at service stations or other places where gasoline is
supplied to motor vehicles.The driver
or person in control of such vehicle when the gasoline tank of same is being
filled who refuses, neglects or fails to stop the engine of such vehicle shall
likewise be guilty of a violation of this code.

It is unlawful for any
person to cause or create anywhere within the city, or to permit on any
premises under his or her control, any situation or condition that is conducive
to or likely to cause or permit the outbreak of fire or the spreading of
fire.Any situation or condition conducive
to the outbreak of or spreading of fire, is declared to be a fire hazard.The violation of or failure to comply with
any law pertaining to the storage, handling or use of inflammable oils,
explosives, liquefied petroleum gases, or fertilizers and all wires and other
conductors charged with electricity, is declared to be a fire hazard.The placing of stools, chairs or any other
obstruction in the aisles, hallways, doorway, or exit of any theater, public
hall, auditorium, church or other place of indoor public assemblage, or the
failure to provide any such place of public assemblage with sufficient,
accessible and unobstructed fire exits and escapes is also declared to be a
fire hazard.The obstruction of any street,
avenue, alley, fire hydrant or any other condition that might delay the fire
department in fighting fire is declared to be unlawful.

It shall be the duty
of the fire chief to inspect or cause to be inspected by fire department
officers or members, as often as may be necessary all buildings, particularly
all mercantile buildings, manufacturing plants, warehouses, garages, hotels,
boarding houses, rooming houses, theaters, auditoriums and all places of public
assemblage, for the purpose of discovering the violation of any fire preventive
law or any fire hazard and ascertaining and causing to be corrected any
conditions liable to cause fires and to see that all places of public
assemblage, hotels and rooming houses have sufficient and unobstructed
facilities for escape therefrom in case of fire.

Whenever any officer
or member of the fire department shall find or discover any fire hazard or
shall find in any building or upon any premises combustible or explosive
material or dangerous accumulation of rubbish or unnecessary accumulation of
paper, boxes, shavings or any other inflammable material, so situated as to
endanger property by the probability of fire, or shall find or discover any violation
of this chapter or any other law hazardous to public safety from fires, the
fire chief shall order the fire hazard or danger from the fire forthwith abated
and remedied and such order shall be complied with immediately by the owner or
occupant of such buildings or premises.If the hazard or condition ordered abated and remedied is a violation
of, or a failure to comply with any law, the fire chief shall report the matter
to the city attorney and he or she shall, if he or she deems it advisable, prosecute
the offender.

Any order made under
section 7-212 shall be in writing and may be served personally upon the owner
or occupant of the premises or by leaving it with any person in charge of the
premises or if the premises are unoccupied and the owner is a nonresident of
the city, then by mailing a copy to the owner’s last known post-office
address.One notice to either the
occupant or owner shall be sufficient.The fire chief shall keep a record of and copies of all such orders and
notices and shall follow up such notices at the expiration of the time for
compliance therewith and when complied with make proper entry, and if not
complied with, file complaint with the municipal court against the property
owner and/or occupant.